Opinion

Ponds v. State

  • 25 Md. App. 162
  • 335 A.2d 162
  • 1975 Md. App. LEXIS 519
Court
Court of Special Appeals of Maryland
Filed
Mar 13, 1975
Status
Published
Author
Moore
On the bench
Menchine, Moore, Lowe, Melvin
Cited by
9 cases
Authority
More cited than 9.8%

The opinion

Moore, J.,

dissenting:

The majority opinion concedes that the police officer was not asked nor did he testify as to whether or not he promised to assist the appellant “in getting out on personal bond that night,” as appellant had testified. In my view, the decision of the Court of Appeals in Streams v. State, 238 Md. 278 , 208 A. 2d 614 (1965) required a specific denial of those specific words. I do not agree that Streams is distinguishable and I conclude that the State failed in its obligation to show preliminarily that the statements of the appellant were voluntary since it failed to recall the police officer to refute, if he could, appellant’s charge of a promise to be released on personal bond and go home that evening. Accordingly, I would reverse and remand for a new trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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